Illegal mining, in Ghana, has become a significant issue with complex economic and environmental implications. The term Galamsey (derived from the phrase “gather them and sell”) refers to illegal small-scale gold mining in Ghana. It involves unlicensed miners who employ unapproved methods to excavate land indiscriminately. Unfortunately, this practice has severe consequences such as the destruction of land and vegetation, the pollution of the air and water bodies using harmful substances like mercury which end up in nearby rivers as well as damaging the original states of natural resources. About 60% of Ghana’s water bodies are now polluted due to illegal mining activities, making it a critical issue for both livelihoods and the environment. Consequently, the government created the Environmental Protection Agency (EPA) to regulate and enforce environmental laws. To further strengthen the regulatory framework, the government passed the Minerals and Mining Act 2006 (Act 703). Although sections 82-99 of Minerals and Mining Act 2006, (Act 703) of Ghana recognizes artisanal and small-scale mining as a legitimate livelihood source, more than 85% of small-scale mining operations still occur in the informal and illegal manner, thereby projecting a negative image of the legal institutions by making them appear ineffective. The study therefore seeks to adopt a qualitative research methodology to unravel the hidden factors that make it impossible for the enforcement of the laws in curbing galamsey. The study unravels the loopholes in the provisions of the Act 703 against the actual practice of galamsey and expatiates reasons why it became ineffective in regulating the sector. The study takes a critical look at other factors that contribute to the disconnect between galamsey and the existing laws. These include: the diverse nature of ethnicity and culture with varying requirements of customs and practices, diverse conditions of mining operations, the transient mines and lengthy licensing process that do not adapt to local realities and seem irrelevant to miners. Others include the lack of education, lack of political will to curb galamsey, corruption, and political control. The study succinctly outlines its findings and proposed legislative and institutional reforms necessary to curb galamsey.
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- Augustine Vovobu (Author), 2024, Investigating the gaps between Ghana’s Minerals and Mining Act and the persistence of illegal small-scale mining (Galamsey), Munich, GRIN Verlag, https://www.grin.com/document/1585209
